No, you’re not required to, but most FSBO sellers still offer one. Since the NAR settlement took effect on August 17, 2024, sellers no longer automatically owe the buyer’s agent (NAR, Settlement FAQs). Yet roughly 92% of top agents say sellers are still covering it (HomeLight, Do Sellers Pay the Buyer’s Agent Commission?, 2025). Here’s what changed, and what you should actually do.
Key Takeaways
- Since August 17, 2024, FSBO sellers choose whether to pay the buyer’s agent (NAR, Settlement FAQs).
- The average buyer’s agent commission was 2.42% in Q3 2025, up from a 2.34% post-settlement trough (Redfin, Q3 2025).
- About 92% of agents say sellers still cover the buyer-agent fee (HomeLight, 2025).
- Buyer-agent pay can no longer be advertised on the MLS; you negotiate it separately.
This question trips up nearly every FSBO seller, and it directly shapes your savings. For the full picture, see our guide to selling a home without a realtor. Below, we cover the rules, what sellers actually do, and how to make the call.
The Short Answer
You decide. The buyer’s agent commission is now fully negotiable and is not set by law (NAR, Settlement FAQs). As a FSBO seller, you can offer a competitive buyer-agent fee, offer a reduced one, or offer nothing and let the buyer pay their own agent. Each choice affects how many buyers, and buyer agents, engage with your listing.
What Changed in 2024?
The August 2024 settlement rewrote how buyer-agent pay works. Three rules took effect: buyer-agent compensation can no longer be posted on the MLS, sellers are no longer automatically required to pay it, and buyers must sign a written representation agreement before touring a home (NAR, Settlement FAQs). The goal was to make commissions more transparent and negotiable.
Did it lower costs? Barely. The average buyer’s agent commission dipped to a trough near 2.34% just after the rules took effect, then climbed back to 2.42% by Q3 2025 (Redfin, Q3 2025). In practice, the market reset close to where it started.
Average buyer’s agent commission, Q3 2024 to Q3 2025 2.36% 2.37% 2.40% 2.43% 2.42% Q3’24 Q4’24 Q1’25 Q2’25 Q3’25 Source: Redfin (Q3 2025).
Source: Redfin, Buyer’s Agent Commission Q3 2025.
Do FSBO Sellers Still Pay the Buyer’s Agent?
Most do, because most buyers come with an agent. About 92% of top agents report that sellers are still covering the buyer’s agent commission even after the rule change (HomeLight, 2025). The logic is simple: a buyer’s agent steers clients toward homes where their fee is covered, so offering one keeps your listing in the running.
The strategic insight for FSBO sellers: a buyer-agent commission isn’t a fee, it’s marketing. Refusing to offer one can shrink your buyer pool, while offering a competitive fee, often 2% to 3%, can attract the agent-represented buyers who make up the vast majority of the market. Whether that trade is worth it depends on your market and how the cost flows into your overall cost to sell without a realtor.
How to Offer (or Not Offer) a Buyer-Agent Commission
Because it can’t go on the MLS, you state your offer elsewhere. You can advertise a buyer-agent commission in your own listing description, on a FSBO website, or simply respond when buyer agents inquire. Many FSBO sellers handle it in the purchase agreement as a seller-paid concession or commission, negotiated deal by deal.
If you’d rather not pay, you have options. You can list at a slightly lower price to reflect the savings, deal directly with unrepresented buyers, or agree to a buyer’s offer that asks you to cover their agent through closing costs. Each path is legal post-settlement; the right one depends on how your local buyers shop. Whichever you choose, document it clearly in the contract.
How Much Should You Offer?
The market benchmark is about 2.42%, with rates varying by price tier. As of Q3 2025, buyer-agent commissions averaged 2.52% on homes under $500,000, 2.32% on homes from $500,000 to $999,000, and 2.22% on homes of $1 million or more (Redfin, Q3 2025). Lower-priced homes tend to carry slightly higher percentage rates.
A practical approach: match the local norm if you want maximum buyer interest, or offer slightly less and price competitively if you’re confident in your home’s appeal. Comparing the two paths in full? Our FSBO vs. realtor breakdown shows how the buyer-agent decision changes your net proceeds.
Frequently Asked Questions
Do I have to pay the buyer’s agent commission if I sell FSBO?
No. Since August 17, 2024, sellers aren’t automatically required to pay the buyer’s agent (NAR, Settlement FAQs). It’s fully negotiable. However, about 92% of agents say sellers still offer one, because it helps attract agent-represented buyers (HomeLight, 2025).
How much is a buyer’s agent commission in 2026?
The average was 2.42% in Q3 2025, the most recent Redfin data, up from a post-settlement trough near 2.34% (Redfin, Q3 2025). Rates vary by price: 2.52% under $500,000, 2.32% from $500,000 to $999,000, and 2.22% at $1 million and above.
Who pays the realtor fees in a FSBO sale?
It’s negotiable. As a FSBO seller you pay no listing agent, and you decide whether to pay the buyer’s agent (NAR, Settlement FAQs). Often the seller still covers the buyer-agent fee as a concession in the purchase agreement; sometimes the buyer pays their own agent directly.
Can I advertise the buyer-agent commission on the MLS?
No. Since August 2024, buyer-agent compensation can no longer be posted on the MLS (NAR, Settlement FAQs). You can still communicate it in your listing description, directly to buyer agents, or negotiate it within the purchase contract for each offer.
Conclusion
Whether you pay a buyer’s agent as a FSBO seller is now your call, not a requirement. The data points to a pragmatic middle path: most sellers still offer roughly 2.42% because it keeps agent-represented buyers engaged, and the 2024 rules barely moved that number. Decide based on your market, state it clearly outside the MLS, and document it in the contract. To see how this one choice reshapes your bottom line, read our FSBO vs. realtor comparison.
